Prior to beginning work on this discussion, read Trial Courts May Instruct Juries on Lesser Included Offenses (Links to an external site.), The Concept of Double Jeopardy: Background (Links to an external site.) and Triple Murder Suspect Goes from Guilty to Innocent and Back to Guilty (Links to an external site.). Additionally, watch Case No. 2012-1611: Douglas J. Wine v. State of Ohio (Links to an external site.).
One area of the law essential to understand is the concept of lesser included offenses. Your initial post must be at least 300 words in length. In this discussion, address the following prompts:
- Define the criminal justice legal term of lesser included offense.
- Assess how courts determine whether a crime is a lesser included offense.
- Explain whether someone can be convicted for multiple crimes for one act.
- Evaluate how lesser included offenses do not violate the double jeopardy clause of the fifth amendment.
- Examine the material elements of crimes and how they can vary to allow for multiple prosecutions for the same acts or similar offenses. Provide specific examples to support your answer.
Guided Response: Review several of your classmates’ posts. Support your responses with credible sourcing either from the required readings this week or from independent research that you conduct in the University of Arizona Global Campus Library or online, and properly cite any references. Respond to at least two of your classmates’ posts by Day 7. Your responses must be at least 150 words of content and supported by a minimum of two scholarly and/or credible sources (i.e., classroom materials or reliable, outside sources). Fairness should be considered in any criminal law or procedure issue.
Provide analyses of your classmates’ postings with an emphasis on whether or not it seems fair to the defendant to have to defend against crimes presented in multiple forums. Can we assume that it is fair to the state to prosecute in multiple jurisdictions (where the state has large amounts of resources for such actions)? You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum.